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Press Release

Coalition to End Judicial Filibusters Letter

The Honorable William H. Frist, M.D. The Honorable Mitch McConnell The Honorable Rick Santorum The Honorable Jon Kyl The Honorable Elizabeth Dole The Honorable Arlen Specter United States Senate U.S. Capitol Washington, DC

April 4, 2005

Dear Senators:

As the representatives of millions of American voices, we write to ask you to end the judicial filibusters at the earliest possible moment and well before a Supreme Court vacancy should occur.

We believe that short of a compromise that guarantees an up or down vote at the end of debate, the Constitutional Options available to you will serve to honor the Constitution, restore Senate tradition, and protect judicial independence.

We believe that generations of Americans are called at moments to lay foundations for the future, and that this is one such moment.

The independence of the judiciary was a core reason for our national birth. The threat to the judicial independence was high among the grievances that our Founding Fathers listed to King George III in the Declaration of Independence. The Framers firmly established an independent judiciary, but one subject to a written Constitution and the checks and balances of the other branches that it prescribes.

In recent times, partisan special interests have threatened judicial independence again by inserting ideology into the Senate confirmation process of federal judges. Now the Minority has changed 215 years of Senate tradition by abusing the filibuster for the first time against nominees with clear majority support.

The Senate must act as steward of the federal courts by returning the power to confirm judges to the Constitution's simple majority requirement. While it is the right of the President to expect the Senate to give Advice and Consent within a reasonable period of time, it is the duty of every Senator to offer Advice and Consent through an honest, up or down vote.

Moreover, the unprecedented abuse of the filibuster is a device intended to undermine the prerogatives of the Presidency as well as the tradition of the Senate. It must not stand. You must not waver. The President, this President, must have the freedom to nominate appellate judges and Supreme Court justices who will restore the courts to their constitutional role.

We are convinced that the proof of history is overwhelming that the Constitutional Options are a conservative response that do not threaten but will restore Senate debate rules and tradition.

As you know, the right of unlimited debate in the Senate ended in 1917 when President Wilson demanded that the Senate not filibuster matters of national security. The Senate adopted the "cloture" rule. The last amendment to that rule came in 1975 ­ thirty years ago. For three decades, there has been a broad consensus supporting 60-vote threshold to end debate, at least for legislative filibusters. In 1995, nineteen (19) Democrat senators voted to end debate after three weeks with a 51 vote threshold. That proposal's purpose was to limit the legislative filibuster. Senate Republicans were a new majority that year, but unanimously opposed the change. The Democratic leadership and a majority of Senate Democrats joined Republicans in opposing the proposal. .

That failed vote in 1995 and the absence of any other amendment efforts for three decades is ample evidence of bipartisan agreement to preserve the legislative filibuster, demonstrating a two-century-old consensus. Clearly, however, the partisan abuse of the cloture rule in the last Congress to obstruct honest votes on judicial nominees has fractured the consensus as to filibusters on nominations.

We understand that Article I of the Constitution allows the Senate to adopt rules for itself, but that right belongs to this Senate as much as it did to the first Senate. We call for a restoration of Senate traditions, returning to the majority vote on Advice and Consent the Constitution mandates.

We ask you also to put partisan advantage aside. While there is no doubt that the Minority's filibusters have helped Republicans win recent elections, we are certain that Republicans will do the right thing for themselves and the Nation by ending the partisan obstruction now.

We call on the Senate Leadership and the Republican Majority to end the filibusters on appellate nominees and well before a Supreme Court vacancy occurs.

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